WARRANTY PROVISIONS
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INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER OR ANY THIRD PARTY AND ALL SUCH
DAMAGES ARE HEREBY DISCLAIMED.
6.
Assignment. Buyer shall not assign any of its rights or obligations hereunder without the prior
written approval of Seller; provided, however, that if Buyer is a distributor of Seller, the rights and obligations of Buyer
under these Warranty Provisions shall inure to the benefit of and be binding upon Buyer’s customers who provide the
product’s proof of purchase to Seller pursuant to the terms set forth herein. Seller may assign any or all of its rights
or obligations hereunder without Buyer’s prior consent.
7.
Governing Law. The Warranty Provisions and all questions relating to their validity, interpretation,
performance, and enforcement shall be construed in accordance with, and shall be governed by, the substantive
laws of the Commonwealth of Pennsylvania without regard to its principles of conflicts of law.
8.
Waiver. Any failure of the part of Seller to insist on strict compliance with the Warranty Provisions
shall no way constitute a waiver of such right. No claim or rights arising out of a breach of the Warranty Provisions by
Buyer may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing signed by
an authorized representative of Seller. Seller’s waiver or acceptance of any breach by Buyer of any provisions of the
Warranty Provisions shall not constitute a waiver of or an excuse for nonperformance as to any other provision of the
Warranty Provisions nor as to any prior or subsequent breach of the same provision.
9.
Freight. Buyer will arrange and pay for shipping and handling charges for the unit to be returned to
the Seller.Seller will arrange and pay for shipping and handling for the return of the unit to the Buyer.
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